Kuriakose v. Shaji
Case brief
What is this about?
The High Court convicted two regular second appeals relating to property disputes where survey plans were found insufficient to identify properties. The Court held that the Original Suits were not effectually adjudicated and remanded the matter to the Trial Court for a fresh trial.
What did the court decide?
Regular Second Appeals allowed by way of remand; judgment and decree of lower courts set aside; matter remanded to Trial Court for fresh trial.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 17TH DAY OF NOVEMBER 2023 / 26TH KARTHIKA,
1945
RSA NO. 147 OF 2012
AGAINST THE JUDGMENT AS 241/2009 OF THE SUBORDINATE JUDGE’S COURT, PERUMBAVOOR
AGAINST THE JUDGMENT IN OS 269/2006 OF THE MUNSIFF COURT, PERUMBAVOOR
APPELLANTS/APPELLANTS/PLAINTIFFS/:
1 KURIAKOSE
AGED 54 YEARS
S/O. ITTOOPU, OLANGATTU HOUSE, RESIDING AT
EDAKKERIL PERINGALA,P.O., PINARMUNDA KARA,
KUNNATHUNADU.
Issues for consideration
3 issues framed by the court
Whether the First Appellate Court committed an error by failing to remit the Original Suits after finding no effectual adjudication due to unidentifiable properties?
Whether the submitted survey plans (Exts. C1(a) and C2(a)) are incomplete and insufficient for identifying properties to re-fix boundaries?
Whether the lack of proper survey plans warrants remand to prevent abuse of court process and ensure effectual adjudication?
Parties & counsel
- appellant
KURIAMM
- appellant
ANNAMMA
- appellant
PETER
- appellant
SAJI
- appellant
SARAMMA
- respondent
Case details
As recorded by the court registry
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